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ELHADY v. UNIDENTIFIED CBP AGENTS

No. 20-1339.

18 F.4th 880 (2021)

Anas ELHADY, Plaintiff-Appellee, v. UNIDENTIFIED CBP AGENTS, et al., Defendants, Blake Bradley, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 19, 2021.

Attorney(s) appearing for the Case

ARGUED: Casen B. Ross , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant. Justin Sadowsky , CAIR LEGAL DEFENSE FUND, Washington, D.C., for Appellee. ON BRIEF: Casen B. Ross , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant. Justin Sadowsky , Lena Masri , Gadeir I. Abbas , CAIR LEGAL DEFENSE FUND, Washington, D.C., for Appellee.

THAPAR, Circuit Judge, delivered the opinion of the court in which GRIFFIN, Circuit Judge, joined. ROGERS, Circuit Judge (pp. 887-89), delivered a separate dissenting opinion.

OPINION

In a lawsuit against federal officers, the first question a court should ask is whether a cause of action exists. The district court thought it did. We disagree and reverse.

I.

Anas Elhady, a United States citizen living in Michigan, drove to Canada to visit friends for the night. But on...

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